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21 West Virginia opinions name it 1 courts 1893–1994 0 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McKelvey v. Ches. & Ohio R'y Co.green2 sentences1973Ward v. Ward, 47 W.Va. 766 , 35 S.E. 873 ; Cobb v. Dunlevie, 63 W.Va. 398 , 60 S.E. 384 ; McKelvey v. Ches. & Ohio R’y Co., 35 W.Va. 500 , 14 S.E. 261 ; McCreery’s Adm’x v. Ohio River R. 1900Va. 501 , ( 14 S. E. 261 ), where it is held that instructions must not be inconsistent with each other, and that a bad instruction is not cured-by a good one, though they be given on the motion of adverse litigants. | 1 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Garner
neutral
2 sentences1994Syllabus Point 9 of State v. Bail, supra, states: "Though instructions given to a jury are to be considered as a whole, the giving of 'A bad instruction is not cured by a good one given to the jury, and with which it is in conflict.’ Point 2, Syllabus, State v. Garner, 97 W.Va. 222 [, 124 S.E. 681 (1924)].” 17 . 1994Syllabus Point 9 of State v. Bail, supra, states: "Though instructions given to a jury are to be considered as a whole, the giving of 'A bad instruction is not cured by a good one given to the jury, and with which it is in conflict.’ Point 2, Syllabus, State v. Garner, 97 W.Va. 222 [, 124 S.E. 681 (1924)].” 17 . | 9 | 1929–1994 |
Cobb v. Dunlevie
green
2 sentences1973Ward v. Ward, 47 W.Va. 766 , 35 S.E. 873 ; Cobb v. Dunlevie, 63 W.Va. 398 , 60 S.E. 384 ; McKelvey v. Ches. & Ohio R’y Co., 35 W.Va. 500 , 14 S.E. 261 ; McCreery’s Adm’x v. Ohio River R. 1973Ward v. Ward, 47 W.Va. 766 , 35 S.E. 873 ; Cobb v. Dunlevie, 63 W.Va. 398 , 60 S.E. 384 ; McKelvey v. Ches. & Ohio R’y Co., 35 W.Va. 500 , 14 S.E. 261 ; McCreery’s Adm’x v. Ohio River R. | 3 | 1952–1973 |
State v. Ringer
neutral
2 sentences1955State v. Garner, 97 W.Va. 222 , 124 S.E. 681 ; State v. Ringer, 84 W.Va. 546 , 100 S.E. 413 . 1952Enc.Dig.Va. & W.Va.Rep. 764, 765." In the Ringer case, at page 551 of 84 W.Va., at page 415 of 100 S.E. we find this language: "Defendant's instruction number 4 is substantially the instruction approved in State v. Staley [ 45 W.Va. 792 , 32 S.E. 198 ] but as a general rule a bad instruction is not cured by the giving of a good one. | 3 | 1924–1955 |
Ward v. Ward
green
2 sentences1973Ward v. Ward, 47 W.Va. 766 , 35 S.E. 873 ; Cobb v. Dunlevie, 63 W.Va. 398 , 60 S.E. 384 ; McKelvey v. Ches. & Ohio R’y Co., 35 W.Va. 500 , 14 S.E. 261 ; McCreery’s Adm’x v. Ohio River R. 1973Ward v. Ward, 47 W.Va. 766 , 35 S.E. 873 ; Cobb v. Dunlevie, 63 W.Va. 398 , 60 S.E. 384 ; McKelvey v. Ches. & Ohio R’y Co., 35 W.Va. 500 , 14 S.E. 261 ; McCreery’s Adm’x v. Ohio River R. | 2 | 1937–1973 |
Nichols v. Raleigh Wyoming Mining Co.
neutral
2 sentences1955The error involved in the giving of such erroneous instruction is not corrected by the giving to the jury of other instructions covering contributory negligence.' Syllabus, Nichols v. Raleigh Wyoming Mining Co., 113 W.Va. 631 , 169 S.E. 451 ." Payne v. The Virginian Railway Co., 131 W.Va. 767 , 51 S.E.2d 514 . 1955The error involved in the giving of such erroneous instruction is not corrected by the giving to the jury of other instructions covering contributory negligence.' Syllabus, Nichols v. Raleigh Wyoming Mining Co., 113 W.Va. 631 , 169 S.E. 451 ." Payne v. The Virginian Railway Co., 131 W.Va. 767 , 51 S.E.2d 514 . | 2 | 1955–1955 |
State v. Bail
green
1 sentence1994In Syllabus Point 9 of State v. Bail, 140 W.Va. 680 , 88 S.E.2d 634 (1955), we held that a bad instruction is not cured by a good one, the reason being that there is no way to tell if the jury followed the good instruction rather than the bad one. 16 Moreover, as we point out in Section III(C), infra, there is a constitutional error in State’s Instruction No. 3 which cannot be cured. | 1 | 1994–1994 |
State v. Bail
green
1 sentence1994In Syllabus Point 9 of State v. Bail, 140 W.Va. 680 , 88 S.E.2d 634 (1955), we held that a bad instruction is not cured by a good one, the reason being that there is no way to tell if the jury followed the good instruction rather than the bad one. 16 Moreover, as we point out in Section III(C), infra, there is a constitutional error in State’s Instruction No. 3 which cannot be cured. | 1 | 1994–1994 |
Hesson v. Penn Furniture Co.
neutral
2 sentences1962Although an instruction standing alone may have been misleading, the verdict of the jury will not be disturbed on its account where the objection was removed by the giving of other consistent instructions." Hesson v. Penn Furniture Co., 70 W.Va. 141 , 73 S.E. 302 . 1962Although an instruction standing alone may have been misleading, the verdict of the jury will not be disturbed on its account where the objection was removed by the giving of other consistent instructions." Hesson v. Penn Furniture Co., 70 W.Va. 141 , 73 S.E. 302 . | 1 | 1962–1962 |
Payne v. Virginian Railway Co.
green
2 sentences1955The error involved in the giving of such erroneous instruction is not corrected by the giving to the jury of other instructions covering contributory negligence.' Syllabus, Nichols v. Raleigh Wyoming Mining Co., 113 W.Va. 631 , 169 S.E. 451 ." Payne v. The Virginian Railway Co., 131 W.Va. 767 , 51 S.E.2d 514 . 1955The error involved in the giving of such erroneous instruction is not corrected by the giving to the jury of other instructions covering contributory negligence.' Syllabus, Nichols v. Raleigh Wyoming Mining Co., 113 W.Va. 631 , 169 S.E. 451 ." Payne v. The Virginian Railway Co., 131 W.Va. 767 , 51 S.E.2d 514 . | 1 | 1955–1955 |
State v. Harlow
green
2 sentences1954A bad instruction is not cured by a good one given to the jury, and with which it is in conflict.” See State v. Harlow, 137 W. 1954Va. 251 , 71 S. E. 2d 330 ; State v. Cobb, 122 W. | 1 | 1954–1954 |
State v. Cobb
green
1 sentence1954Va. 251 , 71 S. E. 2d 330 ; State v. Cobb, 122 W. | 1 | 1954–1954 |
State v. Staley
neutral
2 sentences1952Enc.Dig.Va. & W.Va.Rep. 764, 765." In the Ringer case, at page 551 of 84 W.Va., at page 415 of 100 S.E. we find this language: "Defendant's instruction number 4 is substantially the instruction approved in State v. Staley [ 45 W.Va. 792 , 32 S.E. 198 ] but as a general rule a bad instruction is not cured by the giving of a good one. 1952Enc.Dig.Va. & W.Va.Rep. 764, 765." In the Ringer case, at page 551 of 84 W.Va., at page 415 of 100 S.E. we find this language: "Defendant's instruction number 4 is substantially the instruction approved in State v. Staley [ 45 W.Va. 792 , 32 S.E. 198 ] but as a general rule a bad instruction is not cured by the giving of a good one. | 1 | 1952–1952 |
State v. Michael
green
2 sentences1952Cobb v. Dunlevie, 63 W.Va. 398 , 60 S.E. 384 ; State v. Michael, 74 W.Va. 613, 621 , 82 S.E. 611 , L.R.A.1915A, 533; Stuck v. Kanawha & M. 1952Cobb v. Dunlevie, 63 W.Va. 398 , 60 S.E. 384 ; State v. Michael, 74 W.Va. 613, 621 , 82 S.E. 611 , L.R.A.1915A, 533; Stuck v. Kanawha & M. | 1 | 1952–1952 |
Parkersburg Industrial Co. v. Schultz
green
1 sentence1900Va. 471 , ( 27 S. E. 255 ). | 1 | 1900–1900 |
Illinois Central Railroad v. Maffit
neutral
1 sentence1894BRAnnon, J., delivering the opinion of the-court in that case says : “I find it stated in Railroad Co. v. Maffit, 67 Ill. 431 , that the fact, that the law is accurately stated on one side, will not obviate errors of instruction on the other side; and in Imhoff v. Railroad Co., 20 Wis. 362 . ‘Error in instructions is not cured by the court afterwards instructing directly to the contrary, and so leaving the jury to digest the contradiction. | 1 | 1894–1894 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.